Aktiv Kapital - Have They Conned Me ?!

dac1958

For the last 5 - 7 years I have been paying of debts at £10 per month to Aktiv Kapital & Westcott Credit without any defaults.
I have all the paperwork dating right back to the begining of them hounding me and it seems that in all cases they were the 2nd or 3rd
Debt collector to aquire these debts.

Following the advise on this forum I have requested they send me a copy of the original agreements as per the Consumer Credit Act etc etc. So far I have had no response and judging by what I have read on this forum, it is unlikely they will be able to do so.

It also appears, having made a phone call to Aktiv that they have add 2 x £100 default charges to my account.
This is, they say because on 2 dates in April & May 2007 I paid by debit card over the phone instead of D\D.

I set up D\D for the 20th, but when I was in the middle of changing my bank to another (due to reclaiming my bank charges)
I phoned them on the 23rd April & 21st May and paid my installment. Due to the 20th falling on a Sunday and a Bank holiday Monday
for these payments, they wouldnt have received them on the 20th anyway, so I do not consider these payments to be late.

They say it is because I didnt stick to my original agreement with them. However, I have never signed any agreement with them,
nor have they at any time sent me details of their default charges or let me know that these charges had beenadded to my account.

I am lead to believe that if they can not supply me with copies of the original agreement with the original companies then the debt becomes unenforceable. Is that right? And if so, where do I stand with getting all the money back I have already paid to them because they hounded me and put me under so much pressure.

I would really appreciate your advise on this matter
Thankyou

RAS

You cannot reclaim money given to AK just becuase you now know they do not have the legitimate paperwork. You can stop paying them.

dac1958

Thankyou for that advise RAS . It was a bit of wishfull thinking to get the money back - I would have been due £1000's but its helpful to know I can stop paying them . Thankyou

DarkConvict

If they do not have the paperwork, the debt still exists but is not enforceable in court. As such money cannot be reclaimed.

Only if the debt did not exist could it be reclaimed, such as statue barred debts in Scotland as they are extinguished. However debts in England/Wales can still be paid when over 6 years old.